State Of U.P. Through Prin. Secy. ... vs Smt. Veermati
2023 Latest Caselaw 1629 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- SPECIAL APPEAL No. - 323 of 2004
 

 
Appellant :- State Of U.P. Through Prin. Secy. Irrigation Deptt. Civil
 
Respondent :- Smt. Veermati
 
Counsel for Appellant :- C.S.C.
 
Counsel for Respondent :- S.P.Dubey
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Subhash Vidyarthi,J.

Order on Delay Condonation Application No.28431 of 2004

Heard Shri Amitabh Kumar Rai, learned Additional Chief Standing Counsel for State-appellants and Shri S.P. Dubey, learned counsel for the respondent.

This is an application seeking condonation of delay in filing appeal.

We have gone through the affidavit filed in support of the application.

Cause shown in the affidavit filed in support of the application for condonation of delay is sufficient.

Accordingly, the application for condonation of delay is allowed and the delay in filing the appeal is hereby condoned.

Order on Special Appeal

Heard Shri Amitabh Kumar Rai, learned Additional Chief Standing Counsel for State-appellants and Shri S.P. Dubey, learned counsel for the respondent.

By means of this special appeal the State-appellant has prayed that the instant special appeal be allowed and the judgment and order dated 09.12.2003 passed by learned Single Judge in Writ Petition No. 5546 (S/S) of 1998; Smt. Veermati vs. State of U.P. and others be set aside/ quashed.

Learned Additional Chief Standing Counsel for State-appellants has pointed that the present Special Appeal has been filed against the order passed by learned Single Judge in Writ Petition No. 5546 (S/S) of 1998 and the same was passed on the basis of Writ Petition No. 41226 of 1998 passed on 15.12.1998 and the said order was set aside prior three years ago in Special Appeal No.117 of 2000 on 14.07.2000, hence the present Special Appeal is liable to be allowed on this ground alone.

Learned counsel for the respondent could not dispute the aforesaid fact.

In view of the above, the instant Special Appeal is allowed and the judgment and order dated 09.12.2003 is set aside.

(Subhash Vidyarthi, J.) (Ramesh Sinha, J.)

Order Date :- 16.1.2023

Arnima